Larame v Coco D Or (Pty) Ltd (CS 172/1998) [2001] SCSC 2 (29 January 2001)

Larame v Coco D Or (Pty) Ltd (CS 172/1998) [2001] SCSC 2 (29 January 2001)

The defendant company is vicariously liable under article 1384(1) for the negligence of its employee who interfered with the safety mechanism of the saw, making it dangerous. However, the plaintiff, being experienced, failed to check the safety mechanism and is found 50% contributorily negligent. Damages are awarded accordingly.

Citation
[2001] SCSC 2
Parties
Plaintiff: Larame; Defendant: Coco D’Or (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 January 2001
Case Number
CS 172/1998
Procedural Posture
Civil / Judgment at First Instance
Outcome
judgment for the plaintiff with reduction for contributory negligence
Legal Topics
Employer Liability, Vicarious Liability, Workplace Safety, Contributory Negligence, Quantum of Damages
Source Language
English
Tort Law Employment Law Employer Liability Vicarious Liability Workplace Safety Contributory Negligence Quantum of Damages

Case Brief

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Parties

Larame

Plaintiff

Coco D’Or (Pty) Ltd

Defendant

Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 Whether the defendant is vicariously liable for injuries suffered by the plaintiff in the course of employment under article 1384(1) of the Civil Code
  2. 2 Whether the plaintiff was contributorily negligent and to what extent
  3. 3 Assessment of quantum of damages for personal injury and loss of earnings

Ratio Decidendi

The defendant company is vicariously liable under article 1384(1) for the negligence of its employee who interfered with the safety mechanism of the saw, making it dangerous. However, the plaintiff, being experienced, failed to check the safety mechanism and is found 50% contributorily negligent. Damages are awarded accordingly.

Court Disposition

judgment for the plaintiff with reduction for contributory negligence

Orders

  • Plaintiff awarded R99,480 as damages, being 50% of total assessed damages, together with interest and costs.